U.S. Citizenship and Immigration Services (USCIS) is expanding its electronic filing access to encompass all H-1B filings. This includes H-1B “cap” or “lottery” registrations and “non-cap” petitions through the rollout of...more
In an excellent development, as of January 25, 2023, the U.S. government agreed to resume the process of “bundling” H-4 and L-2 dependent applications, – including I-765 work permission applications, with the H-1B and L-1...more
1/24/2023
/ Employment Authorization Documents (EAD) ,
Foreign Workers ,
H-1B ,
H-4 ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
L-1 ,
L-2 Visas ,
Spouses ,
USCIS ,
Visas
Although foreign national entrepreneurs have helped shape the U.S. economy both historically and recently, the current U.S. immigration system is not friendly to them, especially in seeking the coveted “green card.”...more
Employers are experiencing incredible challenges recruiting for all types of jobs. Recruiting for that special “make or break” position – often for a C-suite, technology innovator, or creative – has always been tough. U.S....more
3/15/2022
/ Biden Administration ,
Foreign Nationals ,
Foreign Workers ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
O-1 Aliens of Extraordinary Ability ,
STEM ,
USCIS ,
Visas
The new year brings new possibilities, including a chance to register for the H-1B “lottery” for the fiscal year 2023. As a reminder, because of a limited number of new H-1Bs available for most employers, each year the U.S....more
As part of the Biden Administration’s effort to promote access to the legal immigration system, the US Department of Homeland Security (DHS) withdrew a 2018 proposed rule to eliminate the international entrepreneur (IE)...more
In an affidavit to a federal court filed May 3, 2021, the USCIS Acting Associate Director of Service Center Operations stated that to decrease a substantial backlog, the agency was set to suspend the collection of biometrics...more
Presidential Proclamation 10014 “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak,” was rescinded by President...more
The H-1B “lottery” will soon be upon us. Here are some action steps employers seeking an H-1B visa can take now to prepare.
H-1B Lottery Overview -
The number of new H-1Bs available for most employers each year is...more
1/19/2021
/ Department of Labor (DOL) ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Labor Condition Applications ,
Lottery ,
Prevailing Wages ,
Registration Requirement ,
USCIS ,
Visas ,
Wage and Hour
In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process.
The first rule...more
10/13/2020
/ Comment Period ,
Department of Labor (DOL) ,
Foreign Workers ,
H-1B ,
Immigration Procedures ,
Labor Condition Applications ,
PERM ,
Prevailing Wages ,
Proposed Rules ,
Trump Administration ,
USCIS
October is the start of the federal government fiscal year and always brings some immigration news. Last week we updated you on the jump forward in the immigrant visa waiting lines. Since then, more has been announced....more
Social networks are abuzz with news that the “green card” waiting line has moved ahead substantially. For some categories, the difference is years! What does the latest update from the Department of State (DOS) mean for...more
On August 12, 2020, the Department of State (DOS) updated and expanded guidance regarding exceptions to the employment-related entry suspensions (Presidential Proclamations 10014 & 10052). As a reminder, these are the...more
8/17/2020
/ Coronavirus/COVID-19 ,
Exceptions ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Presidential Proclamations ,
Trump Administration ,
Visas
On August 3, 2020, President Trump signed yet another Executive Order implying that foreign workers harm the U.S. workforce.
The Order applies only to federal contractors or subcontractors. It requires each agency to...more
Many news reports indicate the Trump Administration will soon issue an expanded entry suspension to prevent entry into the United States of individuals holding H-1B and other work-related visas. While versions have been...more
You may have heard that the President tweeted earlier this week that he would soon issue an Executive Order to temporarily suspend immigration. The threatened Executive Order “suspending immigration” was issued as a...more
The wide-ranging effects of COVID-19 touch immigration laws in some significant ways. This quick guide will help you avoid pitfalls and know when to contact your attorney....more
On Friday, March 19, U.S. Citizenship and Immigration Services (USCIS) announced a suspension of the “wet” signature requirement for certain filings, allowing for copies of handwritten signatures to be accepted. The original...more
While perhaps not top of mind when considering the many challenges that Coronavirus/COVID-19 poses to employers, immigration compliance is still required. Read the following advisory to prevent immigration law violations that...more
3/11/2020
/ Airlines ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
E-Verify ,
Form I-9 ,
H-1B ,
Immigration Procedures ,
Registration Requirement ,
Risk Management ,
Screening Procedures ,
USCIS ,
Visas
Our wrap-up of immigration news from the month of January continues today as we review the implementation of the new “public charge” rule.
Implementation of Public Charge Rule -
The Trump Administration proposed a...more
2/8/2020
/ Foreign Nationals ,
Immigration Procedures ,
Immigration Reform ,
New Rules ,
Pending Litigation ,
Public Assistance ,
Public Charge ,
Residency Status ,
Trump Administration ,
Updated Forms ,
USCIS
As of January 24, 2020, some pregnant foreign nationals traveling to the United States will have more to overcome than tight seat-belts and inadequate bathrooms.
The Department of State has changed the rules for obtaining...more
2/4/2020
/ B-2 ,
Customs and Border Protection ,
Foreign Nationals ,
Fourteenth Amendment ,
Immigration Procedures ,
New Rules ,
Pregnancy ,
Rebuttable Presumptions ,
Tourism ,
US Department of State ,
Visas
If you have applied for an immigration benefit lately (temporary visa, permanent residence), you know the indignities of the process - especially in recent times. Slower decisions, outlandish requests for evidence, and no...more
It’s the time of year when we stop to ponder some of life’s many mysteries. If you are an immigration lawyer or an employer who can’t find enough professional workers, one of those mysteries is why the federal government...more
12/12/2018
/ Buy America ,
Comment Period ,
Executive Orders ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Lottery ,
Trump Administration ,
USCIS ,
Visa Caps ,
Visas
Over the last week, we have been looking at various changes in policy and procedure related to immigration law. We have covered the travel ban, changes to advance parole, deference to prior determinations and denials; today,...more
In our final post in this series looking at the current state of various aspects of immigration law, we are diving into H-1B, specifically the temporary suspension of premium processing for certain H-1B filings.
Catch up...more